CCJ issued by Excel at my place of work!, options for getting it set aside?

aardll

- CCJ issued by excel parking on 18th of March this year. Sent to my old address, only found out about it on 10th of May this month when doing a credit check
- My address is currently up to date with the DVLA, would also note I had a speeding ticket (35 in a 30 zone on the motorway) which was successfully sent to my new address after the rozzas contacted my insurance company about my address. My address details are now up to date with the DVLA
- Contacted them on the Monday and explained I had no idea what the charges were for, they took my name and that was about it but didn’t offer any other help. I believe I asked if the CCJ could be removed if payment was made for what they believed I owed. No joy it was “too far along” or something like that
- Spent a week completing an n244 form but haven’t sent it on the basis that it would probably get thrown out by the judge (spoke to citizens advice, they said wrong address alone won’t cut it)
- Have since contacted the landowners where I work and she confirmed that the “invoices” had been issued for parking in the retail area for longer than 2 hours
She has agreed to contact excel and ask them to reduce the amount back to the original 30 for both “offences” and has said she will ask them if the CCJ can be removed but have heard nothing from her for 2 days now
- I have an allocated parking bay at work but sometimes for whatever reason I can’t always get into the car park (full) so end up parking in the retail area, moving after 2 hours then coming back (nothing on the sign which says you can’t do that)

Wondering if anyone can help in advising what my options are now? this is threatening my mortgage now.

Absolutely disgusting that these gangsters/racketeering operations can destroy peoples lives like this!

Umkomaas

I note you've posted identically on PePiPoo. Please be aware that you are not likely to get twice the advice, more likely twice the confusion.

http://forums.pepipoo.com/index.php?showtopic=127937

A number of us here also post on PePiPoo, not necessarily under the same user name.

Just so you know.

aardll

Thanks for the heads up.

I'm hoping someone can give me some advise about how to argue the validity of the original charges, my concern being if I have to go the n244 route I'll need a strong argument. I seem to be getting mixed messages about how much the judge sides with the defendant on these when I read the other forum posts.

I'd just like to know how likely I am to get this set aside if I have to go the N244 route.

Coupon-mad

Have since contacted the landowners where I work and she confirmed that the “invoices” had been issued for parking in the retail area for longer than 2 hours.

She has agreed to contact excel and ask them to reduce the amount back to the original 30 for both “offences” and has said she will ask them if the CCJ can be removed but have heard nothing from her for 2 days now

It's too late for that, and paying it leaves the CCJ ruining your credit rating marked as a 'satisfied CCJ' for SIX YEARS which can stop you getting a mortgage.

So you DO NOT just pay it.

Spent a week completing an n244 form but haven’t sent it on the basis that it would probably get thrown out by the judge (spoke to citizens advice, they said wrong address alone won’t cut it)

As per usual, terrible advice from the CAB.

We see set asides agreed every time here, where people can show the Judge that the claim was never served, and satisfy the Judge that they have good prospects of successfully defending the claim, once reset.

Sounds like you have a perfectly good defence and Excel have painted two 'under 2 hour' visits as if they were a single period of parking:

I have an allocated parking bay at work but sometimes for whatever reason I can’t always get into the car park (full) so end up parking in the retail area, moving after 2 hours then coming back (nothing on the sign which says you can’t do that)

You need to spend this week reading our other set aside threads here and copy what everyone else does, with a:

- draft order for the Judge, pointing him/her to what you hope will be ordered, and

- a witness statement explaining that this claim went to an old address and Excel made no attempt to trace you, and you were 'there to be found' all along and certainly not hiding from a debt, given that you knew nothing about it and have never contravened the parking terms, and it seems the Claimant has relied on ANPR which is known to have the flaw of painting two visits as one (double dip, we call it).

So, read other set aside threads then post here again with your draft order and witness statement.

Search the forum for set aside draft order enforcement

aardll

hi Coupon,

from what I've read Excel can ask for it to be set aside by consent if I agree to pay what they think I owe.

Are you saying this isn't the case?

Umkomaas

aardll wrote: »

hi Coupon,

from what I've read Excel can ask for it to be set aside by consent if I agree to pay what they think I owe.

Are you saying this isn't the case?

You can contact Excel to ask if they will agree to a set aside by consent, but I don't recall any cases where Excel have gone down this route.

If they were to agree you would need to pay them in full what the court ordered in the judgment by default, plus you would need to pay the court £100.

At no point have you said how much the judgment in default is for. If that plus £100 isn't far off £255 (full set aside fee), then it might be worth contacting Excel if you don't have the stomach to fight on.

But if it's way above £255, I know what I'd be doing.

The_Deep

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Coupon-mad

I would not trust Excel with a set aside with consent.

And why would anyone ever pay them, given their PCNs are regularly demonstrated as fulfilling the 'outrageous scam' description by MPs in Parliament in 2018.

And why would ANYONE want to line fat cat Captain Clampit's pockets?

https://www.dailymail.co.uk/news/article-2713705/The-parking-ticket-fat-cats-one-s-chum-Prezza-two-drive-Aston-Martins-Meet-men-ve-millions-motorists-misery.html

Make life harder for people like him, IMHO.

Set aside without consent.

However, in the NEWBIES thread, for balance, I do explain BOTH types of set aside.

aardll

It's currently 245 including the 100 it would cost for a set aside by consent.

Coupon-mad

And there is no way Excel would get £245 and we beat them 99% of the time.

So set aside without consent is cheaper and doesn't line the greedy bunch's pockets.

aardll

OK so I've just checked the signage on the car park where the alleged breach of contract took place

It says "no return in 3 hours"

I don't know if that's just been added recently but that doesn't look like it's going to fly as an argument now.

What other options do I have?